Last updated on: 12/12/2019
If you have any questions about these Terms and Conditions, you can contact Asmodee at the following address: https://asmodee.helpshift.com/a/asmodee-net/.
The Platform is hosted by Amazon Web Services, whose contact details are available by clicking here.
For the purposes of these Terms and Conditions, capitalized terms, whether used in the singular or plural form, shall have the following meanings:
These T&Cs shall govern the rights, obligations, and restrictions related to the use of the Platform and/or the Applications and/or the Services.
IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES AVAILABLE FROM THE PLATFORM OR ANY OF THE APPLICATIONS.
Access to the Platform and/or the Applications and/or the use of all or part of the Services and Applications implies that You accept and agree to comply with the T&Cs, the Policy, any other warning notice, and/or other applicable contractual terms, including but not limited to Third Party Terms and Conditions, Specific Conditions, and the rules of the game, if any, applicable when using the Applications.
Asmodee reserves the right to periodically modify these T&Cs and the Policy, for example, to adapt them to legislative and regulatory changes, or to modify the functionalities offered on the Platform and/or the Services and/or the Applications.
We will inform you, whenever possible, within a maximum period of one (1) month prior to amending the T&Cs. Therefore, we encourage you to regularly review these T&Cs and the Policy to be informed of any changes made. If You do not agree with the amended T&Cs, You must stop using the Services. Your continued use of the Services beyond the date of publication of the amended T&Cs will constitute Your acceptance of the amended T&Cs.
These T&Cs and the Policy are subject to change and the applicable terms and conditions are those in effect and accessible on the date You access the Platform.
We recommend that You print or save locally a copy of these Terms and Conditions for Your records.
If You are a minor and You wish to access the Platform and make full use of all or part of the Platform and/or the Services and/or Applications, You must read and acknowledge the T&Cs with the help of your parents or legal guardians and obtain their consent to use the Services.
However, Asmodee recommends that parents or legal guardians monitor the activities of their children or the children for whom they are responsible when using the Services. Asmodee recommends that You be vigilant in ensuring that your children, or the children for whom You are responsible, never disclose their Personal Data without Your consent. Please note that Asmodee is not allowed to request more personal information than necessary.
Asmodee reserves the right to restrict or prohibit access to the Services to minors who have not reached the minimum age required by local legislation (e.g., 15 years old in France) if Your prior consent has not been given. It is understood that minors may be prohibited from using certain Services if they do not meet the age requirements defined by the rating agencies. Parents or legal guardians may close the minor's Asmodee Account at any time by sending an electronic request to the administrator at the following address: https://asmodee.helpshift.com/a/asmodee-net/.
Notwithstanding the foregoing, the use of the Asmodee Services must be made under parental supervision, and any use of the Services by minors shall be deemed to have been validated beforehand by their parents or legal guardians.
Unless otherwise provided by law, Asmodee disclaims any liability for the use of the Services by minors without the consent of their parents or legal guardians.
To be able to access and/or use certain features and/or benefits of the Services, it is necessary to create an Asmodee Account. To create an Asmodee Account, go to the Platform and/or an Application and enter your Identification Data.
You also have the option to link Your Third Party Account to Your Asmodee Account so that You can access the Platform or Applications directly without having to enter any additional Identification Data.
Any connection to the Platform, to any of the Applications, and/or to Services using a Third Party Account shall be deemed to have been made with the linked Asmodee Account. The processing of Personal Data relating to the linking of a Third Party Account with an Asmodee Account is explained in the Policy.
Other Identification Data may be entered in the "Account Information" section on the Platform, some of which will be public and therefore accessible to other Users, as specified under the "Profile" section.
To create an Asmodee Account, you must provide an email address, the user's age, country of residence, an avatar (visual identity linked to the Asmodee Account and created by the User), and a password. The user may also be able to choose a Username.
The Username is a unique element, two Users cannot have the same one. In the absence of a choice, a Username will be automatically assigned to You.
You agree that the Username may be publicly displayed in connection with the Services in accordance with the Policy, therefore we recommend that You do not include Your surname, which may optionally be included in Your Asmodee Account information but which will remain private.
For other Identification Data that may be made public, please refer to our Policy.
The Username and Password of the Asmodee Account (hereinafter together the "Authentication Information") are strictly personal. You undertake to keep them confidential and not to disclose them to third parties. You are the only person authorized to access and use the Services using your Asmodee Account and based on your Authentication information.
Any access to the Services with Your Asmodee Account is automatically deemed to have been effected by You and under Your responsibility.
Therefore, in the event of loss, theft, or any fraudulent act with regard to the Authentication information, it is Your responsibility to inform Us as soon as possible and to prove Your identity in that case by any means. In the event of loss of your password, you have the possibility to recover access to your account automatically by going to the password reset page: https://account.asmodee.net/reset
On receipt of Your duly substantiated notification, We will send You an email allowing You to update Your Authentication information, which You must keep strictly confidential.
If We have legitimate reasons to believe that the security of the Platform and/or any Application(s) has been breached and/or that misuse of all or part of the Services is due to an unauthorized use of Your Asmodee Account, Asmodee may temporarily suspend access to Your Asmodee Account, and therefore Your access to the Services, in order to preserve the integrity of the Platform and/or any Application(s) and data and, if necessary, require You to modify Your Authentication information by following the instructions.
Similarly, if You select a Username as part of the Authentication information allowing You to access Your Asmodee Account that is inappropriate or immoral or that infringes on the rights of a third party, We reserve the right to change your Username or even suspend access to the relevant Asmodee Account.
When creating Your Asmodee Account, You agree to provide accurate and complete Identification Data. You also agree to update such Identification Data at the request of Asmodee.
You will not claim or imply to be another person or entity by providing false information about a parent, legal guardian, or any other person, including, without limitation, through the Username, Avatar, or any other information such as voice or image.
Asmodee may take measures to verify the accuracy of the information provided, if necessary, by telephone or by email to designate a parent or legal guardian. In order to prevent fraud, You agree to provide Asmodee on request, by email, fax, or mail, with the necessary authorizations and evidence, which may also include a copy of Your national identity card or passport, processed in accordance with the Policy.
The Applications are provided to You under a non-transferable, non-exclusive, non-commercial, personal license, and exclusively for leisure and personal use.
The Applications remain the sole property of Asmodee and/or its Subsidiaries and/or Partners, in particular with respect to the associated intellectual property rights. Therefore, the license granted is not deemed to be a transfer of the intellectual property rights of such Applications.
As such, You may not sell, copy, exchange, transfer, publish, rent, license, distribute, market, or commercially exploit the Application, or decompile it, disassemble the code, reduce it to a human-readable form, or assign or distribute any material that You may copy or derive from the Application.
The license to install and use the Application will be in effect from the time it is downloaded until it is terminated. You may terminate this license agreement at any time and for any reason by notifying Asmodee of Your intention to terminate it. Asmodee and/or its Subsidiaries and/or Partners may terminate this license agreement at any time for just cause. The termination will then take effect one month after You have been notified.
In the event of termination, by You or by Asmodee and/or its Subsidiaries and/or Partners, the license granted to You will terminate and You must permanently uninstall the Application and destroy all copies in Your possession. The User may not request reimbursement of any payment made.
Asmodee hereby authorizes You to access and use the Platform, and/or the Applications and/or the Services, subject in particular to the following requirements. You acknowledge that failure to comply with any of these shall be deemed a breach by You of these Terms and Conditions.
You shall therefore:
The framing technique is prohibited without the express prior consent of Asmodee.
Asmodee is constantly innovating in order to offer the best possible experience to its Users. You acknowledge and agree that the form and nature of the Services provided by Asmodee may be modified from time to time without prior notice. As part of this ongoing innovation, You acknowledge and agree that Asmodee may discontinue (permanently or temporarily) any of the Services and/or Applications (or any feature of the Services) to You and the Users, at its sole discretion, without notice. You may stop using the Services at any time. You are not required to specifically inform Asmodee when you stop using the Services.
Asmodee shall not tolerate any cheating and/or lack of fair play, whether through the use of cheating software, analysis of communication protocols or of the code, use of multiple Asmodee Accounts, complicity of other players, leaving the game before its normal end, use of game blocking tactics to force other Users to abandon play, or the use of obscene or rude language, etc. Any User caught cheating or failing to comply with their fair play obligations will receive a warning and will then be subject to one of the following sanctions at Asmodee's discretion:
Asmodee also reserves the right to set additional rules of conduct and limits regarding the use of the Application. Whenever possible, Asmodee will exercise its best efforts to inform the User of these additional rules of conduct and limits with prior notice.
Like the other Services, Discussion forums are moderated a posteriori; they do not allow verification of the Content before posting on the Applications.
When You publish Content on the discussion forums, Your Username and/or Avatar may appear. You declare that You have read and accepted that the disclosure and/or publication and/or distribution of your messages is at your sole responsibility. The Content is distributed on the discussion forums (and more generally using the Services) without any time limit and remains there even if You delete Your Asmodee Account.
If You delete Your Asmodee Account, it becomes anonymous on the Platform and/or Applications for other Users and is no longer accessible. Your Content will remain even after your Asmodee Account has been deleted, with the understanding that the Content will remain associated with Your former account.
Asmodee allows You to purchase Virtual Goods within the Applications in accordance with the Third Party Terms and Conditions of Sale and, if applicable, in accordance with the Specific Conditions.
Parents or legal guardians of minor children may check the settings of the Download Platforms to limit purchases in the Application, but must also monitor their children's Asmodee Accounts in the event of suspicious and/or unauthorized activity, including the purchase of Virtual Goods. The purchase of Virtual Goods grants You a limited, revocable, and non-transferable license to such Virtual Goods that may only be used in connection with the Applications.
You warrant that you will use it only for personal and non-commercial purposes. You acknowledge that the Virtual Goods do not grant any right of ownership, and You agree that the Virtual Goods have no monetary value and do not constitute property of any kind under the Civil Code.
Asmodee may cancel any Virtual Good sold, transferred, or exchanged that is used in violation of these T&Cs. The sale, transfer, or exchange (or attempt to do so) of a Virtual Good is prohibited and may result in the termination of Your Asmodee Account. We will provide You with an invoice with a sales tax number if we are required to do so by law. You agree that these invoices may be sent to You in electronic format. We reserve the right to control, regulate, modify, or delete the Virtual Currency or the Virtual Goods without further liability towards You.
Paid Services and Content are provided instantly through the online provision of an intangible service. With the User’s approval, Asmodee therefore begins to provide its intangible service before the end of the fourteen (14)-day withdrawal period provided for by the French Consumer Code (Code de la Consommation). It is therefore agreed between the User and Asmodee that the viewing or downloading of a paid Service or Content shall not be revocable or refundable.
Asmodee holds the intellectual property rights both to the general structure of the Platform and the Applications and to their content (texts, slogans, graphics, images, videos, photos, programs, and other content), except for any Content published by the User.
Consequently, any representation, reproduction, modification, distortion, and/or total or partial exploitation of the Platform and/or the Applications and/or the Services, by any process whatsoever and on any medium whatsoever, without the express prior authorization of Asmodee, is prohibited and shall be deemed to be a copyright infringement.
The trademarks, logos, company names, abbreviations, trade names, signs, and/or domain names of Asmodee, allowing access to the Platform, Applications, and Services made available by Asmodee, are distinctive signs that cannot be used without the express and prior authorization of their owner.
Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and shall be deemed a trademark infringement and a misuse of the company name, trade name, and domain name incurring the tortious liability of its perpetrator.
The Services are designed, edited, and managed by or on behalf of Asmodee.
The User acknowledges and accepts that access to the Content and Services made available by Asmodee shall not entail any transfer of intellectual property rights to the User, with the exception of any Content generated by the User, in accordance with the provisions of Sections 6.5 and 6.7.
Access to the Services is exclusively limited to the User's private and personal use under the conditions and limits defined in these T&Cs.
As an Asmodee Account holder, You can submit Content using the Services. You acknowledge that Asmodee does not guarantee the confidentiality of the Content, whether or not it is published.
Subject to the provisions of Section 6.7, You retain all of Your intellectual property rights related to your Content, but You are required to grant limited rights to Asmodee and other Users.
These rights are described in Section 6.5 of these Terms and Conditions.
You acknowledge and agree that you are solely responsible for your own Content and the consequences of its distribution, including any indirect distribution by hypertext links. Asmodee does not guarantee any Content, or any opinion, recommendation, or advice expressed therein, and Asmodee expressly disclaims any liability with respect to such Content.
You represent and warrant that you have (and will continue to have during the use of the Services) all rights, licenses, consents, and permissions necessary to enable Asmodee to use your Content with a view to providing the Platform, Applications, and Services, and more generally, to providing these under the conditions set out in these Terms and Conditions.
You acknowledge that, by simply using the Services, You may be exposed to Content that is inaccurate, offensive, obscene, or otherwise negative. As a host and pursuant to Section 9 hereinafter, Asmodee shall in no event be deemed responsible for the distribution of this type of Content.
Asmodee reserves the right to contact You to obtain more information about the posted Content and to verify that You are the author and, if applicable, that You hold the rights to it.
In any event, Asmodee does not agree with the opinions, advice, and/or recommendations posted and/or sent by Users using the Services and specifically in the discussion forums and accepts no liability whatsoever.
When you submit Content on the Platform and/or the Applications and in any event using the Services, you grant:
The above mentioned rights that You grant to the Content expire when you remove or delete Your Content from the Platform and/or Applications and/or Services.
You irrevocably acknowledge that the Platform, Applications, and Services, including the structure and/or sequencing of Asmodee's Content, Applications, and Accounts, consist of one or more databases made available to Users by Asmodee as a producer of such databases within the meaning of Sections L.341-1 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle).
Therefore, in accordance with the provisions of Section L. 342-1 of such Code, You agree not to:
You state that you accept that Asmodee shall own all rights to the Content that You create online from pre-existing Asmodee content as it is created. By accepting these T&Cs, You agree to irrevocably assign to Asmodee, free of charge, all economic rights, on an exclusive basis, that You may have to the Content that You create online from pre-existing Asmodee content, namely:
This transfer of rights is granted for the entire world and for the period of protection of each piece of Content created online by You from pre-existing Asmodee content.
In the event that Content created online by a User from pre-existing Asmodee content would display Your image and/or the image of a third party and/or content over which third parties have rights, You confirm that You authorize Asmodee (and, if applicable, have obtained authorization on behalf of Asmodee) to reproduce and represent, without compensation of any kind, names and images, on any existing or future medium, (including, but not limited to, press, digital, electronic, audiovisual), in any format, for any communication to the public worldwide, for any use including for advertising and/or commercial purposes, for a period of ten (10) years. Moreover, You expressly and irrevocably authorize (and, if applicable, confirm that You have obtained the authorization) Asmodee, its assignees, and successors to:
Asmodee expressly refrains from using the Content in any pornographic, racist, xenophobic, or harmful material, and shall impose the same prohibition/restriction on its assignees and successors.
In the event of a breach of these T&Cs, Asmodee reserves the right to temporarily suspend or permanently delete Your Asmodee Account without prior notice. If Asmodee has legitimate reason to believe that the security of the Platform and/or any Applications and/or Services has been breached and/or that improper use of all or part of the Services is due to an unauthorized use of Your Asmodee Account, Asmodee may temporarily suspend access to Your Asmodee Account, and therefore Your access to the Services, in order to preserve the integrity of the Platform and/or any Applications and/or Services and data without prior notice.
In the event of temporary or permanent suspension of your Asmodee Account, Asmodee may delete your profile and related information that you have provided to Asmodee, and if applicable, any Content that you would have published, uploaded, or made available on the Services, including, without limitation, your Username, nickname, and avatar. You will therefore be at risk of losing this data. However, Asmodee reserves the right to keep your profile and any such Content on its servers for a reasonable period of time.
In the event of termination of your Asmodee Account, no refund, either total or partial, of any amounts already paid to purchase any currently ongoing product or service will be issued. No type of credit (virtual currencies) will be converted into cash or any other form of refund or compensation.
In the event of termination of your Account at Asmodee's initiative, you may not participate in the Service(s) again without Asmodee's express authorization. To use the Services again, please contact https://asmodee.helpshift.com/a/asmodee-net/
Asmodee reserves the right to recover the costs and charges incurred prior to the cancellation of your Account. Any outstanding payments or fees and other unresolved issues with the Services must be settled before a new Account is opened, where applicable.
You may terminate Your Asmodee Account or Your access to the Services, Platform, and Applications at any time, in your own right, and without prior notice by completing the Asmodee Customer Service Form at the following address: https://asmodee.helpshift.com/a/asmodee-net/.
The Services, Applications, and Platform, and where applicable the Content, may contain hyperlinks to other websites that are not owned by Asmodee. Asmodee has no control over the content, the specific conditions of each third party offer, the terms and conditions of sale or of use, privacy policies or practices of third party websites, and shall not be held liable in this respect.
You acknowledge and agree that Asmodee shall not be held liable for the availability of these external websites and sources and does not support any advertising, products, or other links or data on or accessible from such websites or external resources.
You acknowledge and agree that Asmodee shall not be held liable for any loss or damage you may suffer as a result of the existence of such websites or external resources or your reliance on the completeness, accuracy, or existence of any advertising, products, or other data on or accessible from such websites or external resources.
In the event that, in your opinion, an offer from a referenced third party contains illegal or inappropriate content, You must inform us by clicking here.
Asmodee shall use its best effort to make its Platform, Applications, and Services available 24/7, regardless of the maintenance operations of such Services and/or the Platform and/or Applications.
In this respect, Asmodee reserves the right to interrupt access to all or part of the Services and/or Platform and/or Applications for maintenance and/or improvement work. These interruptions of the Services and/or Platform and/or Applications will be notified to You in advance, , where Asmodee is able to do so, notably by broadcasting an alert message on the Platform and/or Applications. In case of emergency, Asmodee may interrupt all or part of the access to all or part of the Services and/or Platform and/or Applications for a reasonable period of time in order to perform a required technical operation. These interruptions of the Services and/or the Platform and/or the Applications shall not give rise to any compensation for the User.
Asmodee, which provides the technical service enabling the use of the Services, is therefore subject only to an obligation of means, and shall not be held liable for any failure and/or delay in sending or receiving Content or associated with the use made by the Users.
You agree that Your use of the Platform and/or the Application and/or the Services is at Your own risk and that it is Your responsibility to maintain the health, liability, risk, personal injury, medical, life and any other insurance policies that You reasonably deem necessary in the event of any prejudice You may suffer while using the Application. You shall remain solely and exclusively responsible for the use of the Platform, Applications, and Services made available to You and for the compliance with these T&Cs.
Asmodee does not guarantee the durability of the Content You publish on the Services, which may disappear for any reason. You must therefore make your own backups of the data You publish. Access to the Platform, Applications, and Services requires an Internet connection for which You are fully responsible and liable.
Asmodee does not intervene in relationships, in particular legal relationships, between the Users, and it is their responsibility to carry out usual checks, including of legal nature, before entering into any agreement with a User which shall be binding on them alone.
In any event, Asmodee does not guarantee:
The Services, Platform, and Applications are provided as is and Asmodee makes no warranty in this regard.
You acknowledge that Asmodee, as a host—within the meaning the provisions of Article 6-I-7 of Act No. 2004-575 of 21 June 2004—of the Content that You publish, does not exercise a priori control over said Content transmitted via the Services and has no general obligation to monitor the Content published.
Therefore, as simply the host of such Content distributed under the exclusive responsibility of the Users, Asmodee may only intervene in relation to the Content published as part of the Services in the event that manifestly illegal Content is reported to Asmodee by a User.
You can contact Asmodee via the contact form available at the following address, and using the process described below: https://asmodee.helpshift.com/a/asmodee-net/
If the notification is complete, Asmodee reserves the right to act at its sole discretion: In this respect, Asmodee may request in particular that the use of the Content be halted and/or the Content removed from the Services.
If Content created by a User is considered manifestly unlawful or inconsistent with these T&Cs, Asmodee reserves the right to suspend or delete the User's Asmodee Account, in accordance with Section 7.1.
Finally, the User acknowledges and accepts that the act of portraying Content distributed by a User as illegal for the sole purpose of obtaining its removal or stopping its distribution where he or she is aware that this information is inaccurate may result in his or her criminal prosecution.
You acknowledge that you are solely responsible for any damage caused to Asmodee and/or other Users or to any third-party natural or legal person, if any, as a result of using the Services and/or the Platform and/or the Applications.
In this event, Asmodee reserves the right to delete Your Asmodee Account and to take legal action on the grounds of civil and/or criminal liability to end the violation and obtain compensation for its damages.
Asmodee shall only be liable for direct damages caused by the Services, except in the event of fraud, gross negligence, wilful misconduct, force majeure, death, personal injury, and any other exclusion provided for by public policy laws and regulations.
Asmodee shall not be held liable:
Asmodee's limitations of liability towards you will apply whether or not Asmodee has been advised of the possibility of such losses occurring and whether or not it should have been aware of them.
Asmodee's liability may not be sought if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by Article 1218 of the Civil Code.
Asmodee recommends that you take the following precautions in all cases when using a Service. Avoid playing if you are tired and/or sleep-deprived. Make sure you play in a well-lit room by moderating the brightness of your screen. When using a game or Service that may be connected to a screen, play as far away from the screen as possible and as far as the connection cable allows. During use, take breaks of ten (10) to fifteen (15) minutes every hour.
Warning about epilepsy
Some people are susceptible to epileptic seizures involving, if they occur, loss of consciousness due in particular to certain types of strong light stimulation: rapid succession of images or repetition of simple geometric patterns, lightning, or explosions. Such people are at risk of seizures when they play certain video games with such stimuli, even if they have no medical history of seizures or have never been subject to epileptic seizures themselves. If you or a family member have ever had symptoms related to epilepsy (seizure or loss of consciousness) in the presence of light stimulation, consult your doctor before use. Parents also need to pay particular attention to their children when they play video games. If you or your child have any of the following symptoms: dizziness, vision problems, eye or muscle contractions, disorientation, involuntary movement or convulsion, or momentary loss of consciousness, stop playing immediately and consult a doctor.
Asmodee shall respect the confidentiality of the Personal Data You provide to Us when You create Your Asmodee Account and when You use the Services and shall treat them in compliance with the applicable provisions of the Personal Data Regulations and in accordance with the provisions of its Policy accessible by clicking here.
You agree that Asmodee may send You notifications, including those modifying these T&Cs, by email, regular mail, or broadcast on the Platform, the Applications and, if applicable, on Your Asmodee Account.
Except as otherwise provided in these T&Cs, correspondence between You and Asmodee is conducted mainly by e-mail.
In accordance with Articles 1366 et seq. of the French Civil Code, You acknowledge and accept that the information provided by Asmodee by e-mail and on the Platform between You and Asmodee is authentic.
Elements such as the time of receipt or issue, as well as the quality of the data received, will be deemed authentic by priority as appearing on the Platform, or as authenticated by Asmodee's computerized procedures, unless You produce written proof to the contrary.
The scope of proof of the information provided via the Platform and/or Asmodee's computerized procedures Applications is that granted to an original in the sense of a written hard copy document, signed in a handwritten form.
You acknowledge that if Asmodee does not exercise or enforce any right or remedy provided in these T&Cs (or available to Asmodee under any applicable law), this does not constitute a formal waiver of Asmodee's rights, and such rights and remedies shall remain valid and enforceable for Asmodee.
If any of the terms of these T&Cs are found to be invalid by any decision of a court of competent jurisdiction, they shall be deleted without affecting the other terms of the T&Cs. The remaining terms shall remain valid and applicable.
In the event of interpretation difficulties between one of the titles appearing at the top of the sections of these Terms and Conditions and one of the terms, the titles will be declared null and void.
You acknowledge and agree that Asmodee's Subsidiaries are considered beneficiaries of the T&Cs and that such other companies are entitled to directly enforce and rely on the terms of these T&Cs. Except as provided herein, no other person or company shall be considered a third-party beneficiary of these T&Cs.
These T&Cs shall be executed and interpreted in accordance with French law.
In the event of any dispute in connection with these T&Cs, their interpretation, and their consequences, or with the acts supplementing or modifying them, the User will contact Asmodee in order to try to reach an amicable solution.
Any complaint to Asmodee must be made in writing.
If a cordial agreement is not reached, the User may choose: